A K-1 fiancé visa allows a non-U.S. citizen to obtain a visa to come to the United States to marry their fiancé who is a United States citizen. The person and their spouse must meet additional eligibility criteria, such as passing criminal background checks and having a legitimate relationship. During the K-1 application process, the United States government will be looking to see if the fiancés meet the eligibility requirements and are not getting married solely to obtain a Green Card.
Getachew & Ansari Immigration Attorneys, P.C. can help you understand and apply for a visa using the K-1 process. We can assist you by gathering and completing the forms needed to finalize the application. We can also provide personalized support as you prepare for any interviews or exams the United States government requests.
Introduction to the K-1 Fiancé Visa
Under United States immigration law, the K-1 fiancé visa allows a non-citizen to apply for a visa if they are engaged to a United States citizen. If they get the visa, they must marry the U.S. citizen within 90 days after arriving in the United States. Once they get married, the non-citizen would then ask the United States government for permission to adjust their status so they are now a Green Card holder or lawful permanent resident.
Eligibility Requirements for a K-1 Fiancé Visa
The United States has many different rules that apply to those seeking a K-1 visa. For instance, the non-citizen and citizen must be legally able to get married under the laws of the U.S. state they will marry in. Additionally, both people need to be legally able to marry another person. For example, they cannot currently be married to someone else or be a child.
Likewise, the two people who are going to get married must have met each other in person at least once in the past two years, unless an exception applies. One possible exception is if one of the fiancé’s cultures does not approve of them meeting their fiancé before the wedding.
How a Lawyer Can Assist With the K-1 Visa Process
A lawyer can assist with the K-1 visa process in many different ways. They can help the applicants determine what forms they need to submit and explain any unfamiliar or confusing legal terms in those forms. Additionally, the attorney can guide the person through the interview process, helping them to prepare for some of the questions that might come up during the discussion with the U.S. agents. If the United States government denies the person’s K-1 visa application, the attorney can help them determine if they have an option to appeal this decision and, if so, how they can complete the appeal.
Steps To Apply for a K-1 Fiancé Visa (Form I-129F and Supporting Documents)
The first step is for the U.S.-citizen fiancé to file a petition (Form I-129F) in support of the non-citizen fiancé receiving a K-1 visa to come to the United States and get married. In this document, the petitioner tells the United States government about their relationship with their fiancé. The petitioner would also ask the United States to legally recognize the relationship and to allow their non-citizen fiancé to travel to the United States to marry the petitioner.
If the United States government approves the petition, the non-citizen fiancé would also have to apply for a K-1 visa. Documents that the petitioner and the applicant may have to submit include birth certificates, identification cards with photographs on them, documents relating to the engagement and wedding, and related information.
Common Challenges in the K-1 Visa Process
It can be challenging to locate and submit all necessary information the United States government asks for. For example, the United States agents may ask for the applicant or petitioner to turn over certified copies of records like birth certificates, divorce papers, and legal identification cards in the in-person interview.
Additionally, United States officers may ask detailed questions or require interviews with the applicant, petitioner, and their relatives to verify different pieces of information. Many immigrants find it helpful to collaborate with a lawyer who is well-versed in immigration law and in assisting people with the K-1 visa procedure.
Proving a Bona Fide Relationship
As part of the K-1 application process, the fiancés need to prove that their union is valid and legal and not to try to get around other immigration laws. Because of this, the United States government will want to know information about the engagement, such as when the proposal happened, how the couple decided to plan the wedding, why they chose the date they did, or other related matters. Likewise, the government may ask questions about the couple’s relationship, such as how often they talk to each other, what they like about each other, and their reason for wanting to get married.
What Happens After the K-1 Visa Is Approved?
After the K-1 visa is approved, the non-citizen fiancé must marry the United States citizen within 90 days after the non-citizen fiancé arrives in the United States. Once the marriage is finalized, the non-citizen spouse can apply to have their immigrant status adjusted.
United States immigration laws allow for eligible spouses of United States citizens to get a Green Card. The person with the K-1 visa would follow the application process, which may also involve submitting multiple rounds of forms and participating in an in-person interview.
Contact an Experienced Visa Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
A K-1 fiancé visa is a way for a non-citizen fiancé of a United States citizen to come to the United States to get married within 90 days after the non-citizen fiancé arrives in the United States. After the wedding, the non-citizen fiancé can apply to adjust their immigrant status and become a lawful permanent resident (i.e., get their Green Card).
The supportive and knowledgeable team at Getachew & Ansari Immigration Attorneys, P.C. provides effective and compassionate legal services to those who are navigating the United States immigration system. Many of our staff members, including our attorney, Medya Ansari, are also immigrants and have first-hand experience with the process. Contact our dedicated law firm today by calling 408-292-7995 to set up an initial consultation to talk about your immigration goals and questions.
